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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-04-11 Daily Xml
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Compulsory Land Acquisition

The Hon. V.A. TARZIA (Hartley) (14:16): My question is to the Minister for Infrastructure and Transport. Is the minister aware of comments made by the owner of Fresh Kitchen Solutions regarding compulsory acquisition, and how does he respond to them? With your leave, sir, and that of the house, I will explain.

Leave granted.

The Hon. V.A. TARZIA: On Tuesday 2 April, Cathy Franks, owner of Fresh Kitchen Solutions, said on FIVEaa Radio, and I quote:

What I'm unhappy about is we were told that we would be better off if they move us, or they will buy us out…I don't own the premises, I own the business…What we're finding here on this strip of road, if you own the land, you're fine, but anyone else that is a business that's inside those premises, we're just getting shafted left, right and centre.

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (14:17): I just want to highlight to the house a couple of things. The number of businesses that we are acquiring is the largest number of businesses acquired, properties that contain businesses, by any government anywhere in Australia at any one time.

The Hon. D.G. Pisoni: It doesn't mean you get a discount in bulk.

The SPEAKER: Order!

The Hon. A. KOUTSANTONIS: I also point out to members opposite that the framework that we are using for compulsory acquisition and moving businesses is one that was legislated by them.

The Hon. V.A. Tarzia: You've been here since 1997; you can't use that.

The SPEAKER: Order!

The Hon. A. KOUTSANTONIS: That is true. Labor has won a number of elections, that is true, and I have been in office a long time. I have been transport and infrastructure minister for just over three years—aggregate. The changes that were made to the Land Acquisition Act—

The Hon. V.A. Tarzia: Improve it. Fix it.

The SPEAKER: Order!

The Hon. A. KOUTSANTONIS: I'm giving the member the courtesy of trying to answer his question. He asked a question. We sat in silence to listen to it and now I am trying to answer it. From the moment I stood up he was interjecting, from the time I started.

The SPEAKER: Minister, it is unnecessary to respond to any interjections, including your commentary on the usefulness of interjections. Come back to the question.

Members interjecting:

The SPEAKER: Order! The member for Hartley is warned.

The Hon. A. KOUTSANTONIS: The businesses that we are acquiring and having to move is a very difficult process. I saw that the constituent the shadow minister is talking about contacted the opposition and held a press conference. After that press conference, she contacted me for the first time to have a discussion. I meet with every single business owner who contacts me about their relocation or their acquisition.

An honourable member: Everyone?

The Hon. A. KOUTSANTONIS: Yes, absolutely. If a small business asks to meet with me about this project, I will meet with them. I will either meet with them at their business or I will meet with them in my office with the officers who have the ability to make any changes we possibly can for that business, because my main focus of the acquisitions here is to make sure we keep as many jobs going as possible, because the legislation that we have makes it very difficult for us, especially for businesses, because the previous government removed alienable rights for a business—that is, family businesses.

South Australia is a famous small business state with family businesses. What the previous government did when they removed the ability to not compensate for alienable rights is that, if parents ran a business and owned the property and then the new generation came in, unless there was a lease agreement in place, we couldn't compensate. The party that took that away was the party of small business. This has caused a great deal of heartache for a number of businesses on the north-south corridor. What we are having to do is look for ex gratia payments for these businesses, because the ability to compensate them was removed by the party of small business.

I am very keen to do all I can to make sure that these businesses are looked after. I will meet with Mrs Franks, but we have had a number of engagements with her and her business, and we are doing all we can to make sure that we are able to do what we can to give her the ability.

I understandI understand the department has provided extensive support to Mrs Franks. Both business operators, including her husband, have been provided with the services of a rental advocate at no cost to them. While it's not a requirement that they take them up, I am advised that they have not taken them up. Whilst the department offers this service, it is not something that we are required to do. I understand that they have sought independent legal advice for their claim of compensation, of which we will fund. I will continue my remarks after the next question.

The SPEAKER: The minister's time has expired.

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